Section 76 – Bharatiya Nyaya Sanhita (BNS) – Assault Or Use Of Criminal Force To Woman With Intent To Disrobe.

Code – Section 76 BNS

Section 76 of Bharatiya Nyaya Sanhita (BNS) states:
Whoever assaults or uses criminal force to any woman or abets such act with the
intention of disrobing or compelling her to be naked, shall be punished with imprisonment of
either description for a term which shall not be less than three years but which may extend to
seven years, and shall also be liable to fine.

Explanation of Section 76 BNS

Section 76 BNS penalizes acts where a person, through assault or criminal force, attempts to strip a woman of her clothing, thereby outraging her modesty. This section aims to protect the dignity and personal safety of women from such humiliating offenses.

Key Provisions:

1. Essentials of the Offense:
   • The accused must have used force or assault.
   • The victim must be a woman.
   • The intent must be to disrobe or an awareness that such an act would cause dishonor.
2. Punishment:
   • Imprisonment up to 7 years.
   • Fine in addition to imprisonment.
3. Nature of the Offense:
   • Cognizable: Police can arrest without a warrant.
   • Non-bailable: Bail is not granted easily.
   • Triable by Sessions Court.

Illustrations

Example 1: Public Harassment Leading to Disrobing Attempt

A group of men forcibly attempt to remove a woman’s dupatta in a public place, causing her distress. This act falls under Section 76 BNS as it involves criminal force with an intent to disrobe.

Example 2: Forced Disrobing During Domestic Violence

A husband, in a fit of rage, tears his wife’s clothes during an argument, intending to humiliate her. This also constitutes an offense under Section 76 BNS.

Example 3: Attempted Assault During a Protest or Mob Attack

During a political rally, a woman is pulled and dragged by a group intending to strip her as an act of public humiliation. This falls under Section 76 BNS, and all involved persons can be punished.

Common Questions and Answers on Section 76 BNS

1. What is the key difference between Section 76 BNS and outraging modesty of a woman?

Section 76 BNS specifically addresses cases where criminal force is used with intent to disrobe, whereas outraging modesty (under Section 75 BNS – click here) is a broader offense covering any act that violates a woman’s dignity.

2. Can a woman file a complaint under Section 76 BNS even if no physical harm occurred?

Yes, as long as force or assault was used with the intent to disrobe, a complaint can be filed.

3. Is an attempt to disrobe in a private setting also punishable?

Yes, even if the act occurs in a private setting (e.g., within a home), it still constitutes an offense under Section 76 BNS.

4. What if multiple people commit the crime together?

If a group is involved, all participants can be jointly liable under Section 76 BNS.

5. Can a woman directly file an FIR for an offense under Section 76 BNS?

Yes, being a cognizable offense, a woman can file an FIR at the nearest police station.

Conclusion

Section 76 BNS plays a crucial role in safeguarding women from acts of humiliation and dishonor through the use of force. The law ensures strict punishment to deter such crimes and upholds women’s dignity.

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